IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
ARBITRATION PETITION NO. 405 OF 2024
In the matter of Section 9 of the
Arbitration and Conciliation Act,
1996;
And
In the matter of Section 9(ii)(b) of the
Arbitration and Conciliation Act,
1996;
And
In the matter of Award dated
01/06/2023 passed by the Arbitrator
panels.
And
In the matter of Execution
Application bearing No. 26745 of
2024.
Mr. Mustafa Khan, )
An adult Indian, S/O Mohamad Khan, )
Aged 44 years, residing at )
Flat # 1201, Jamuna Building, )
Kanakia Road, )
Mira Road (East) )
Mumbai 401 007 )……………….… Petitioner
Versus
Mr. Sushant Singh, S/O Darshit Singh )
having registered office at )
001 High Street Phoenix Palladium )
Bandra West Mumbai ) ……………..... Respondent
Arbitration Claim Petition of Petitioner
May it please Your Honour:
It is respectfully submitted as under:
1) That the petitioner is the owner of the plot situated at survey No. 182 A. Hissa, No. 3
H, CTS No. 2707, Geeta Nagar, Mira Road (East) Mumbai 401107 (hereinafter
referred as to as claimant)
2) That the petitioner had provided the plot to Mr. Sushant Singh (hereinafter referred
as respondent) for the construction of tower on the plot situated at survey No. 182
A. Hissa, No. 3 H, CTS No. 2707, Geeta Nagar, Mira Road (East) Mumbai 401107.
3) The petitioner provided his plot to respondent to build a tower on the above
mentioned plot and the contract for same was executed on 05th March 2022
however till date no construction activity by the said respondent has started and it’s
almost twenty four months from the date of contract execution.
4) The petitioner had sought to contact the respondent and went to his office to check
the current status of the said construction activity however the respondent was not
available at the said office.
5) The petitioner at the time of agreement was asked by the respondent to pay an
amount of Rs.90,00,000 (Ninety Lakhs) as an advance which the petitioner did pay
to respondent via cheque # 12345 Bank Name – ICICI Bank (Mira road Branch). This
amount was taken by the respondent as a token to in order to take necessary
approval from Mira Bhayander Municipal Corporation and was assured to petitioner
that the respondent since he is a reputed builder in Mumbai would get the necessary
approval within 15 days and start the construction work.
6) The petitioner would like to inform that there is no work till date which is carried out
by the respondent, not even the plinth work has started and it is almost twenty four
months.
7) The petitioner made repeated request and tried to contact the respondent many
times but there was no response from the respondent.
8) The petitioner is worried about the construction of tower in the time bound manner
as he has taken loans on the said plot from the bank and he is liable to repay
interests and principle to the bank.
9) The petitioner was left with no other option; he approached the MahaRERA forum,
to either get the construction work started or get the amount refunded of the paid
amount along with interest.
10) The petitioner also filed a complaint with MahaRERA for the same.
11) The MahaRERA convened a meeting for both the petitioner and respondent and
referred the matter for arbitration proceeding as per the terms of arbitration
agreement executed on 05th March 2022; the arbitral tribunal passed an award in
the favor of the respondent on 1st June 2023.
REQUEST OF RELIEF
For the reason set out in this Notice of Arbitration Petition, Petitioner requests that the
Honorable High Court pass a judgment.
a) Declaring that respondent has breached his obligations to construct the tower in a
timely manner.
b) Ordering that the respondent discharges his obligation and also pay the delay
charges.
c) Ordering that the responded pays compounding interest at the rate of 10 % per
annum.
d) Ordering that the responded pay all the costs incurred in relation to the proceedings
including the attorney fees and expenses, and the cost of arbitration and compound
interest on all such cost
e) Ordering such other relief as the Tribunal may deem appropriate.
List of Documents Relied Upon by the Claimant in Support of His Petition:
1) Copy of Arbitration agreement dated 05th March 2022
2) Copy of bank statement showing loan taken by the applicant of Rs 99,00,000 and the
interest paid to the bank.
3) Any other document as may be required in course of proceedings.
VERIFICATION
I, Mustafa Khan Indian Inhabitant, Authorized Signatory of the Petitioner above
named, having my Flat # 1201, Jamuna Building,, Kanakia, Mira Road (East) Mumbai,
401107 do hereby declare that what is stated in paragraph Nos. 1,to 11 of the
Petition is true to my own knowledge and are stated on information and belief and I
believe the same to be true.
Solemnly affirmed at Mumbai )
on 06 day of March, 2024 )
Before me,
Amit Agarwalla,
Advocates for the Petitioner
VAKALATNAMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
ARBITRATION PETITION NO. 01 OF 2024
In the matter of Section 9 of the
Arbitration and Conciliation Act,
1996;
And
In the matter of Section 9(ii)(b) of the
the Arbitration and Conciliation Act,
1996;
And
In the matter of Award dated
26/06/2023 passed by the Arbitrator
panels.
And
In the matter of Execution
Application bearing No. COMEX (L)
No. 26745 of 2024.
Mr. Mustafa Khan, )
An adult Indian, S/O Mohamad Khan, )
Aged 44 years, residing at )
Flat # 1201, Jamuna Building, )
Kanakia Road, )
Mira Road (East) )
Mumbai 401 007 )……………….… Petitioner
Versus
Mr. Sushant Singh, S/O Darshit Singh )
having registered office at )
001 High Street Phoenix Palladium )
Bandra West Mumbai ) ……………..... Respondent
To
The Prothonotary & Senior Master
High Court
Bombay
Sir,
I, Mustaf Khan, the Petitioner above named, do hereby appoint and authorize
M/s. Amit Agarwalla, Advocates, to act, appear and plead on our behalf.
IN WITNESS WHEREOF, we have set and subscribed our seal to this writing at
Mumbai.
Dated this 06th day of March, 2024
Accepted: Sushant Singh.
